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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C is subject to registration conversion of 11,835 square meters of D forest land (hereinafter “land prior to subdivision”) from the Defendant, in the case of the land prior to subdivision on October 15, 2012, ① E- 624 square meters of forest land (hereinafter “second-party land”) and ② 647 square meters of F forest land (hereinafter “eight-party land”) on October 1, 2013; hereinafter “eight-party land”).
(3) H forest land was subject to registration conversion on July 8, 2013 with the I large scale of 892 square meters.
(4) The land was subject to registration conversion on October 1, 2013 with K large scale 677 square meters ( October 1, 2013; hereinafter referred to as “10 parcel of land”).
2) On May 10, 201, the Plaintiff received a subcontract for the instant construction from C on May 10, 201.
B. From May 11, 2011, the Plaintiff was proceeding with the instant construction from May 1, 201, and suspended the instant construction project at least 70% on or around December 201.
C. On December 23, 2011, the Defendant issued and delivered a performance memorandum (No. 1; hereinafter “instant performance memorandum”) with the following content to the Plaintiff.
At third time, B (Defendant) shall pay the part of the reinforcement works (the construction in this case) among the D Civil Works in lieu of C (all of the reinforcement works) to the 8th land, such as materials for reinforcement, personnel expenses, equipment costs, etc.
- Performance Conditions -
1. A (Plaintiff) is completed faithfully by January 30, 2012 with the substitute paid by the owner of the building (Defendant).
2. After completion, the ordering person (the defendant) does not require any construction amount and does not raise any objection to civil or criminal charges.
3. The area of construction of reinforced soil within a complex shall be 3,200.
5. Land received as a substitute shall be registered after being built together with the project owner after the completion of civil engineering works;
No 8 Construction of the land (other than the land) will be completed by 100%. (d)
C The Plaintiff on February 14, 2012 provides that “The Plaintiff shall immediately pay KRW 75,490,000 for the cost of equipment and personnel expenses incurred at the construction site of this case to dispose of the parcel nine.”